2016-06-14 PC Agenda Packet
PLANNING COMMISSIONMEETING
Tuesday,June 14, 2016
7:00 PM
1.CALL TO ORDER -ROLL CALL –ADOPT AGENDA
2.MINUTES
February 9, 2016Planning CommissionMeeting (pages 1-3)
3.PUBLIC HEARINGS
a.Public Hearing to Consider a Request by Leuer-Munsterteiger for Rezoning of
Outlot A, Heuring Meadowsfrom B-2,Limited Business to B-2A, Special Business
District(pages 4-8)
b.Public Hearing to Consider a Request by Taco Bell for Site and Building Plan and
Conditional Use Permits for Joint Parking, Drive-Through Service Lanes,and
Outdoor Dining(pages 9-30)
c.Public Hearing to Consider a Requestby the City of Albertville for an Amendment
to the Albertville Zoning Ordinance regardingFees (pages 31-33)
4.OTHER BUSINESS
a.None
5.ADJOURNMENT
ALBERTVILLE PLANNING COMMISSION
TUESDAY, FEBRUARY 9, 2016
DRAFTMINUTES
ALBERTVILLE CITY HALL7:00PM
1.CALL TO ORDER –ROLL CALL –ADOPT AGENDA
Chair Klecker called the meeting to order at 7:00 p.m.
Beckerconducted roll call.
Present:
Chair Kleckerand CommissionersDominick, Edgren, Barthel, Lindberg and Council
Liaison Hudson.
Absent:
None
Others Present:
City Planner Alan Brixius,Building Permit Technician Maeghan Becker,Stacy
Nealy (Representative for Burger King) and resident Robert Zagorski.
Motioned byKlecker, seconded by Dominick,to approve the agenda as presented. Ayes:
Klecker,Dominick, Edgren,Bartheland Lindberg. Nays: None. Absent:None. MOTION
DELARED CARRIED.
2.MINUTES
Motioned by Edgren, seconded by Dominick, to approve the December8,2015Planning
Commission meeting minutes.Ayes:Klecker, Dominick, Edgren, Barthel and Lindberg.
Nays: None. Absent:None.MOTION DECLARED CARRIED.
3.PUBLIC HEARINGS:
A.Dolphin Fast Food,Inc.–Burger King Parking Count Variance for property
located at 6495 Labeaux AvenueNE
Brixius explains that Burger King is asking for a variance for the number of parking stalls that
are required. The applicant is proposing to renovate this area into a dining room for up to 20
additional seats. By ordinance, the extra square footage of dining area would require five more
parking stalls. This would total 60 stalls, and what Burger King is proposing is to have 56 stalls.
Page 1
Brixius went on to discuss Section 500.1.B of the Albertville Zoning Ordinance which outlines
the following criteria for granting the variance:
1.Variances shall only be permitted when they are in harmony with the general purpose
and intent of the City Code and consistent with the Comprehensive Plan.
Finding: The restaurant is proposing this additional dining in response to their customer
type and demand. The original approval was part of a larger PUD and its operational
characteristics of the reduced parking count are consistent with the general purpose of the
City Code and approved PUD.
2.Variances may only be permitted when the applicant establishes that there are non-
economic practical difficulties in complying with the Zoning Ordinance.
Finding: This will not be an economic hardship. With the amount of pedestrian parking
for the shopping mall, the additional parking would not be necessary.
3.The plight of the property owner must be due to circumstances that are unique to the
lot or parcel and is not created by the property owner.
Finding: The uniqueness of the shopping center and the restaurant location results in a
demand for more restaurant seating without the greater demand for on-site parking.
4.The variance must not alter the essential character of the locality including all zoning
district and overlay districtprovisions.
Finding: The variance will not change the character of the locality.
5.The request is not a use variance.
Finding: The restaurant is permitted use in the base B-3 zoning and approved within the
Albertville Outlet Mall PUD.
6.The variance requested is the minimum variance necessary to accomplish the use of
the property in a reasonable manner.
Finding: This is the minimum variance possible for this site project; there is no exterior
change to the building, only a request to approve a shortage of fourparking stalls.
Based on the findings above, Brixius recommended the approval of this variance to the Planning
Commission.
Barthel commented on the current play area size withinthe restaurant and expressed that he did
not feel as though 20 additional seats would fit in that area. Stacy Nealy (representative for
Burger King) commented that 20 would be the most, and that 12 would be more realistic at this
time.
Barthel also commented on the number of stalls that are currently in place at the Burger King. He
has never seen an issue with the stalls being filled to the max with the number of stalls we have
now. Dominick agreed.
Planning Commission Meeting MinutesPage 2
Regular Meeting of February 9, 2016
Klecker expressed concern for a bush to be removed on the curb for sight issues. He would also
like to see a sign for pedestrian crossing on the walkway to the Burger King. Barthel hadconcern
for the sidewalk entry to the Burger King. Brixius has already sent information on these issues to
the Outlet Mall and they are working ona resolution to these issues.
Motioned by Dominick, seconded by Barthelto close the Public Hearing. Ayes: Klecker,
Dominick, Edgren, Barthel and Lindberg. Nays: None. Absent: None. MOTIONED
DECLARED CARRIED.
Motioned by Dominick, seconded by Kleckerto recommend approval to Councilfor Burger
King Parking Count Variance for property located at 6495 Labeaux Avenue. Ayes: Klecker,
Dominick. Edgren, Barthel, Lindberg. Nays: None. Absent: None. MOTIONED DECLARED
CARRIED.
4.OTHER BUSINESS
A.2016 Calendar
The August and November 2016Planning Commission meetings will fall on an Election Day
this year. Brixius is asking for a motion to approve moving the Planning Commission meeting
date to the following Thursday for both meetings. This would be the dates of August 11, 2016
and November 10, 2016.
Motioned byEdgren, seconded by Dominick, to switch the meeting dates to the following
Thursdays(August 11, 2016 & November 10, 2016). Ayes: Klecker, Dominick, Edgren,
Barthel and Lindberg. Nays: None. Absent: None. MOTION DECLARED CARRIED.
5.ADJOURNMENT
Motioned byBarthel,seconded byDominick,to adjourn the meeting at 7:15p.m.Ayes:
Klecker,Dominick, Edgren,Bartheland Lindberg.Nays: None.Absent: None.MOTION
DECLAREDCARRIED.
Respectfully submitted,
___________________________________
Maeghan M. Becker,Building Permit Technician
Planning Commission Meeting MinutesPage 3
Regular Meeting of February 9, 2016
NORTHWEST ASSOCIATED CONSULTANTS, INC.
__________________________________________________________________
4150 Olson Memorial Highway, Ste. 320, Golden Valley, MN 55422
Telephone: 763.957.1100 Website: www.nacplanning.com
PLANNING REPORT
TO:Adam Nafstad
FROM:Alan Brixius
DATE:June 9, 2016
RE:Albertville –Leuer-Munsterteiger Properties Rezoning –
Outlot A Heuring Meadows
FILE NO:163.06 –16.03
BACKGROUND
Leuer-Munsterteiger Properties is requesting consideration to change the zoning on
Outlot A, Heuring Meadows from B-2, Limited Business to B-2A, Special Business
District. They seek the change in zoning to expand the range of commercial uses that
may be acceptable for the site.
The current B-2 District uses are limited in scope and nature of development. The
City’s B-2A District expandsthe range of land uses,but also establishes more stringent
site and building design standards that provide protections for the nearby residential
uses.
Attached for reference:
Exhibit A:Aerial Photo
Exhibit B:Zoning Map
ISSUES AND ANALYSIS
Chapter 300, Section 300.1.F outlines the following criteria the Planning Commission
and City Council must evaluate when considering a zoning map amendment:
1.The proposed action has been considered in relation to the specific policies and
provisions of and has been found to be consistent with the official City
Comprehensive Plan.
Comment:The Albertville Vision Study guides this site for future commercial
land uses. The change in zoning will maintain this site for commercial
4
development. The B-2A zoningpurpose and intent is to provide for high quality,
limited retail and service businesses. In formulating the B-2A District, the City
established more stringent site and building design standards to reflect the
quality development called for in the Vision Study. The change in zoning will
expand the range of commercial businesses, but willalsoestablish performance
standard protections to protect the adjoining residential neighborhoods. This is
consistent with the goals and policies of the Albertville Vision Study.
2.The proposed use is or will be compatible with present and future land uses of
the area.
Comment:The site is bordered by the following land uses:
DirectionLand UseZoning
NorthCottages of Albertville / Single FamilyR-5 and B-2
rd
South53Avenue / CommercialB-2
EastCounty Road 19 / CommercialB-2
WestSingle Family NeighborhoodR-1
The original Outlot A and the current zoning pattern was created with the Heuring
MeadowsSubdivision in 1989. At that time, the City Council created a 500 foot
th
corridor along both sides of County Road 19 between I-94 and 50Street. This
land use pattern has been maintained through the current zoning.
In the change of zoning from B-2 to B-2A, the range of uses has expanded,
however, the City has created design standards to protect the adjoining
residential neighborhood. The design standards that will apply will include
standards on outdoor lighting, landscape screening, parking lot landscaping, and
higher architectural requirements.
3.The proposed use conforms with all performance standards contained herein.
Comment:The applicant has presented a concept plan for a combination of
commercial and multiple family residential to the City Council. To date, the
applicant has not progressed with their concept plan. The requested rezoning
encompasses the entire outlot. The applicant has not presented any
development plans under the B-2ADistrictzoning. Any future development
plans must demonstrate compliance with City zoning performance standards.
4.The proposed use will not tend to or actually depreciate the area in which it is
proposed.
Comment:The commercial land use for this area has been established since
1989. The changein zoning will not change the land use. In this regard, no
additional impact is anticipated with the change of use.
5
5.The proposed use can be accommodated with existing public services and will
not overburden the City’s service capacity.
Comment:Utilities in the area havebeen planned for commercial development
of this site. Future development will be within the capacity of available utilities.
6.Traffic generation by the proposed use is within the capabilities of streets serving
the property.
Comment:As development occurs on this parcel, traffic generation and
movements will require study to determine the type and extent of transportation
improvements required to address both site access and egress and dispersal of
traffic onto County Road 19.
CONCLUSION AND RECOMMENDATION
The applicant has stated that the current B-2, Limited Business District is too restrictive
in its range of uses to attract commercial development interests. The B-2A District
expands the range of uses and provides additional performance standards to protect
the adjoining residential neighborhoods. Based on the findings outlined in this report,
we recommend approval of the zoning map amendment changing the zoning on Outlot
A Heuring Meadows to B-2A, Special Business District.
c:Kim Olson
Meaghan Becker
Mike Couri
Paul Heins
Leuer-Munsterteiger Properties, 4290 Wild Meadows Drive, Medina, MN 55340
6
7
EXHIBIT A
8
EXHIBIT B
NORTHWEST ASSOCIATED CONSULTANTS, INC.
__________________________________________________________________
4150 Olson Memorial Highway, Ste. 320, Golden Valley, MN 55422
Telephone: 763.957.1100 Website: www.nacplanning.com
PLANNING REPORT
TO:Adam Nafstad
FROM:Alan Brixius
DATE:June 9, 2016
RE:Albertville –Taco Bell Redevelopment–6040 LaBeauxAvenue
FILE NO:163.06 –16.04
BACKGROUND
Border Foods has submitted development applications to construct a 2,690 square foot
Taco Bell restaurant at 6040 LaBeauxAvenue (County Road 19). This site is zoned B-
3, Highway Commercial, which allows restaurants as a permitted use. The applicant
has also requested the following conditionaluse permits to allow the use to operate at
the site:
Conditional Use Permit for Drive-Through Service Lane
Conditional Use Permit for Outdoor Dining Area
Conditional UsePermit forShared Parking
The proposed restaurant is intended to replace the currentcar wash. As such, the
applicant will need to obtain a demolitionpermit for the demolition and removal of
materials to make the site ready for development.
Attached for reference:
Exhibit A:Existing Conditions
Exhibit B:Demolition Plan
Exhibit C:Site Plan
Exhibit D:Truck Circulation Plan
Exhibit E:Grading
Exhibit F:Utilities
Exhibit G:Lighting
Exhibit H:Landscape Plan
Exhibit I:Floor Plan
Exhibit J:Building Elevation
Exhibit K:Building Elevation
Exhibit L:City Engineer Memo
9
ISSUES ANALYSIS
Comprehensive Plan.
The site is guided for commercial land use in the Albertville
Vision Study. The proposed use and site redevelopment are consistent with stated
commercial goals as follows:
Commercial
Goal 1:The City will continue to promote commercial development by the City
taking advantage of its access to Interchange 94 and the growing population of
Albertville and its adjoining communities.
Policies:
1.The City will promote commercial development within locationsof the City’s
commercial areas as guided in the Albertville Proposed Land Use Plan.
2.The City should be patient with infill commercial development to ensure proper
access, quality site design, and qualityarchitecture. Maintaining high design
and construction standards related to architecture, site design, and landscaping
was recommended.
6.The following commercial uses have been identifiedas desired in Albertville:
a.Additional hospitality businesses, hotels, site down restaurants,
conference centers.
b.Big box retailers.
c.Lumber yards.
Zoning.
The site is zoned B-3, Commercial Highway District, which allows restaurants
as a permitted use. The requested outdoor dining and drive-through service are
allowedthrough conditionaluse permits.
Lot Area and Setbacks.
The following table illustrates that the proposed
development meetsB-3 District standards with regard to lotarea and required setbacks:
RequiredProposedCompliance
Lot AreaNone1.17 acresYes
Lot Width100 feet118 feetYes
Setbacks:
Front (West)35 feet38 feetYes
Side (South)20 feet27 feetYes
Side (North)20 feet94 feetYes
Rear (East)20 feet41 feetYes
10
Lot Coverage.
Within the B-3 Zoning District, the City allows up to 80% of the lot area
to be impervious surface (hard cover, driveways, parking lot, building, sidewalks, etc.).
The current site plan shows 79.6% hard cover. With the proposed project, the proposed
hard cover will be reduced to 72.7%. This meets CityCode standards.
Site Access.
The proposed site access will not change from existing conditions. Full
access is available from CSAH 37. This street has a median with a left turn lane to
provide access to three sites north of CSAH 37. The site also shares a right-in/right-out
street accesswith DJ’s Hardwareonto County Road 19.The City Engineer has been in
discussions with the County regarding the redevelopment. No changes in access points
are being required.
The change in use from car wash to restaurant will generate more trafficat a heavily
used intersection. The City Engineer has addressed traffic issues in his review
comments.
Parking.
The site, in its current condition, shares access and parking with DJ’s
Hardware. Both sites are owned by Don Savitski. The site ownership will remain with
Mr. Savitski with Border Foods holding a land lease. Although under the single
ownership, the project site is a separate lot from DJ’s Hardware. As such, a conditional
use for joint parking is required. Through the conditionaluse permit,the two lots may
share access and available parking, provided easements and leases are in place to
protect both properties’rights to use the drive aisles and parking.
The applicant has prepared a calculation for required parking for both the new
restaurant and the DJ Companies’building,which results in a total required parking of
112 spaces. In checking these calculations,staff noted a miscalculation in the
restaurant’s seating estimate. Staff’s estimate of requiredparking is 110 stalls for both
sites.
The applicant states that the total parking on the combined sites is 114 stalls. The site
plan shows only 100 stalls on the twoproperties. The applicant must verify that the two
sites have the appropriate parking count. All parking stalls on both properties must be
striped in accordance with the approved plan.
Parking Setbacks.
The City requires a five foot setback from all propertylines. The
site plan meets this setback on the south propertylines. An access easement along the
north property line is required to eliminate the setback for the north lot line.
The drive-through service lane and the two easternmost parking stalls fail to meet the
requiredparking setbacks from the east property line. The site plan shows that the east
access road is a public street.The drive-through and parking actually extend into the
public street right-of-way. The western parking stalls provide a one foot setback from
the County Road 19 right-of-way.The site plan must be revised to demonstrate
compliance with required five foot parking setbacks.
11
The CityCode requires parking stalls to be dimensioned at 9 feet wide and 20 feet
deep. Drive aisles require a 24 foot width. In review of thesite plan, we find that the
parking stalls at the building and along the west lot line have only an 18 foot depth.
These stalls must be lengthened to meet City Code.
The parking lot will meet standards with regard to surfacing, curbing and striping. As a
condition of the joint parking conditional use permit, the City will require DJ’s
Companies parking lots to be striped to demonstratesufficient parking.
The west end of the parking lotshowsa light pole on a painted cross hatched area. We
would recommend that this be a raised curb island to better define traffic movement and
to protectthe light pole.
Disability Parking.
To meet ADA standards, the site is required to provide one
disability parkingstall for each 25 parkingstalls provided. The Taco Bell site provides
two disability stalls and DJ’s provides one stall. The site plan must demonstrate
compliance with disability standards for both sites.
Parking Lot Landscaping.
The City Zoning Ordinance requires any parking lots of
five or more cars to be screened from the public street. In review ofthe landscape plan,
alandscape hedgewill be required along the west end of the parking lot.
Snow Storage.
The site plan must identify snow storage areas exclusive of the
required parking. These two sites encompass a lot of paved area. Snow removal
cannot present a hazard to public streets or reduce the amount of requiredparking.
Loading.
Deliveries to the restaurant will be along the north side of the building. Also,
the trash handling equipment will be indoorswith an overhead door for access. The
applicant has provided a trash truckcirculation plan that demonstrates that the site
design will accommodate a 30 foot single unit truck.
The applicant must describe the types of vehicles that deliver products to the restaurant
and the schedule for deliveries. The site design will not accommodate the turning
movement of a semi-truck through the site.
Drive-Through Service Lane.
The City allows drive-through service lanes by
conditional use. The site plan shows the drive-through lane starting at the west side of
the building and wrapping around the south side of the building. In review of the plan,
we offer the following comments:
1.The drive-through lane provides the required 120 feet of automobilestacking per
City Code, however, the location of the menu board only allows for the stacking
of two cars. Moving the menu board to the south side of the proposed patio
would allowthe stacking of four cars waiting to order. This change will reduce
pre-order stacking into the parking lot.
12
2.The location of the menu board and intercom should be directed toward either
County Road 19 or CSAH 37 to prevent issues of noise nuisance.
3.The drive-through service lane is required to be screened from public street
rights-of-way. Additional landscape will be required along the south edge of the
drive-through lane.
Pedestrian Circulation.
In staff discussion, we believe that additional crosswalks and
landings are needed to accommodate pedestrian movement to the four quadrants of the
County Road 19/CSAH 37 intersection. These types of improvements will be a joint
City/County project. Within the site design, the applicant is proposing an on-site
sidewalk connection to the intersection corner. The timing and design of this
improvement will be subject to the approval of the City Engineer and County. We would
recommend that the cost of installation be escrowed and installation postponed until the
crosswalk design can be finalized by the City.
Outdoor Dining.
Outdoor dining is also a conditional use within the B-3 Zoning
District. The site plan shows a 237square foot outdoor dining area on the west side of
the building. The outdoor dining will be integrated with the building with a half wall
surrounding the area and pergola providing some partial covering. In review of the
outdoor area against City standards, we offer the following comments:
1.The applicant must provide a seating layout for the dining area that provides a
minimum36 inch service aisle for access and egress.
2.The area of the outdoor dining is 237square feet which is 8% of the total
building, which meets City Code.
3.The outdoor dining area meets the other design standards of the conditional use
permit.
Outdoor Lighting.
Plan Set C8.0 illustrates the parking lot lighting. This plan set
reveals that the proposed light meets City standards withregard to 90 degree full cutoff
fixtures, light fixture heights less than 30 feet, and light levels.
The photometric plan did not include wall mounted lights on the building. The building
elevation shows wall packs over each building entrance and the drive-through service
window. The wall mounted fixtures must also be full 90 degree cutoff design. The
applicant shall provide informationon these fixtures.
Landscape Plan.
Plan L.1 shows the proposed site landscaping. In review of the
landscape plan,we offer the followingcomments:
1.The proposed planting type and sizes meet City Code requirements and are
appropriate for Minnesota.
13
2.The applicant identifies lawn in undisturbed yard areas. They must indicate
whether this area will be seeded or sodded. If seeded, theymust provide a
planting plan.
3.The plan indicates that the plant areaswill have irrigation. The plan notes
suggest irrigation will extend into the street right-of-way. This will need to be
approved by the County and theCity Engineer.
4.By ordinance, additional screening is required at the followinglocations:
a.West edge of the parking lot to screen headlight glare onto County Road
19. This screening does not apply beyond the Taco Bell site.
b.Screening along the south edge of the drive-through lane.
5.Staff recommends that the west parking lot pole be locatedin a raised curb
island. This island should be included in the landscaping plan.
Building Design.
The applicant has provided general building layout and building
elevations. The building design reflects Taco Bell branding and also introduces an
attractive building appearance at this significantlocation in Albertville. In review of the
buildingdesign, we offer the following comments:
1.The tallest portion of the building is 18 feet, meeting B-3 District standards.
2.The outdoor dining with sloped pergola provides an attractivebuilding accent at
the front of the building.
3.The building designis using parapets of sufficient height to screen rooftop
equipment from the public streetand neighboring properties.
4.The proposed exterior materials consist of EIFS for the majority of the building
with metal accent panels on the building tower and across the face of the
building’s dining areas. These materials meet the B-3 District standards which
allow up to 50% of the buildingexterior to have a metal finish.
5.The applicant is using color and variety of features to break up the building mass.
Signs.
The applicant has requesteda comprehensivesig plan to allow the placement
of three wall signs on the building, placement of a wall sign not facing a public street,
freestanding sign, and menu boards.
1.The B-3 District allowstwo signs per building wall fronting on a public street. The
total wall sign area may not exceed 15% of the wall where they arelocated. The
building elevation illustrates the proposed sign locations:
14
North Wall“Taco Bell”13.0square feet<1% of wall face
West Wall“Taco Bell”and Logo37.3 square feet6% of wall face
South Wall“Taco Bell”and Logo37.3 square feet2% of wall face
The wall signs all fall below the City sign area requirements. The comprehensive
sig plan allows flexibility to all wall signs to be located onthe north face of the
building. Staff recommends approval.
2.The B-3 District allows one freestanding per commercial lot with a maximum sign
not to exceed 60square feet of sign areaper 100 feet of lot width. Thelot width
is 175 feet, allowing for a freestanding sign of up to 105 square feet in area. The
proposed sign is 93 square feet in area and 30 feet tall which complies with City
standards.
3.The freestanding sign structure (pole) must be set back five feet from any
property line. The signfacemay extend away from the pole uptoone foot from
the propertyline.The proposed pole is four feet from the County Road 19 right-
of-way and the sign face isat the right-of-wayline. The freestanding sign must
be shifted eastto meet setbacks.
4.The applicantproposesa 46 square foot menu board standing seven feet in total
height as part of the drive-through service lane. This is acceptable, however,
staff is suggesting relocating the menu board to the south side ofthe patio to
increase the pre-order stackingwithin the drive-through lane.
City Engineer Comments.
The City has prepared a memo dated June 8, 2016
outlining comments and recommendations pertaining to pedestrian access, traffic,
utilities, and stormwater.
CONCLUSION AND RECOMMENDATION
The proposed land use is consistent with the City’s Comprehensive Plan and B-3
zoning, however, the site design is reliant on joint parking and shared access. In this
regard, werecommend approval of thesite and buildingplan, conditional use permit for
joint parking, conditional use permit for drive-through service lane, conditional use
permit for outdoor dining, and the comprehensive sign plan based on the following
conditions:
1.Joint Parking Conditional Use Permit.
a.The applicant demonstrate that they meet the required number of parking
stalls (110 spaces over both the Taco Bell and DJ’s Companies lot). All
parking stalls shall be striped in both lots to demonstrate location and
number.
15
b.Cross access and parking easements be established and recorded to
allow joint use of these shared areasacross property lines.
c.The site plan be revised to provide the required five foot parking setback
from the established street rights-of-way on both the east and west sides
of the property.
d.All parking stalls be dimensioned 9 feet by 20 feet.
e.The western parking lot light pole be placed in a raised curb island.
f.The site plan demonstratethat adequate disability parking has been
provided for both sites.
g.The west edge of the parking lot is landscaped to screen the parking lot
from County Road 19.
h.The site plan be revised toshow snow storage or a narrative for snow
removal.
2.Loading. The applicantshallprovide a description of restaurant deliveries,
including types of trucks, truck sizes, maneuvering, anddelivery times.
3.Drive-Through Conditional Use Permit.
a.Relocate the menu board to the south side of the patio to increase the pre-
order stacking.
b.Provide additional landscaping to screen the drive-through lane from
CSAH 37.
4.Pedestrian Connection.Do not installthe pedestrian wayto the County Road
19/CSAH 37 intersection at this time, rather escrow for this improvement or
commit to installing said connection once crosswalks are installed.
5.Outdoor Dining Conditional Use Permit. Outdoor dining is approvedsubject to
providing a seating plan that provides adequate aisle width.
6.Lighting. The wall mount lights shall be full 90 degree cutoff light fixtures.
7.Landscape Plan.
a.The applicant identify how lawns will be established (sod or seed).
b.Irrigation within the street right-of-way must be approved by the City
Engineer and County.
16
c.Additional landscaping to screen the west edge of the parking lot and the
south edge of the drive-through lane.
d.Provide a raised curb island for the westparking lot light pole including
landscaping.
8.Sign Plan.Approve the comprehensive sign plan subject to:
a.Relocate freestanding sign to meet the five foot setback from the County
Road 19 right-of-way.
b.Relocate the menu board to the south side of the outdoor patio.
9.City Engineer Comments. Approval subject to the comments and
recommendation of the City Engineer memo dated June 8, 2016.
c:Kim Olson
Maeghan Becker
Paul Heins
Mike Couri
Donald and Annet Savitski
Border Foods,Attn: Barb Schneider
Scott Dahlke, Civil Engineering Site Design
17
M E M O R A N D U M
Date: June 8, 2016
To: Al Brixius, City Planner
Cc: John Midddendorf - WWTP and Utility Supervisor
Paul Heins - Building Official
Scott Dahlke P.E. Civil Engineering Site Design, LLC
From: Adam Nafstad, P.E., City Engineer
Taco Bell – 6040 LaBeaux Avenue NE
Subject:
Site Plan Review
I have reviewed the civil engineering submittal documents for th
documents include the civil plan set prepared by Civil Engineering Site Design, LLC and dated
05-17-2016. The plan sheets reviewed include C1.0, C2.0, C3.0, C4.0, C5.0, C6.0, C7.0, and
C8.0, and titled: Site Plan, Existing Conditions, Demolition, Grading & Drainage, Erosion
Control, Standard Details, Lighting Plan, and Trash Truck Circulation Plan, respectively.
General Comments/Recommendations:
Pedestrian Crossings Î Currently the intersection of CSAHÓs 19 and 37 only has crosswalks at
the westerly and southerly legs of traffic. The City/County should consider adding crosswalks to
the northern and easterly legs of the intersection. This type of improvement will require all of
the pedestrian provisions of the intersection (ramps, landings and signal components) to be
updated and ADA compliant. Staff is looking into the extent of this work and its associated cost.
It would be difficult to complete this type of improvement yet this year.
Connection to Storm Sewer Î The civil plan proposes connecting to the existing storm sewer at a
location relatively close to the main entrance of the hardware store. The design is as such so the
connection manhole is located on the lot line. However, it is recommended the connection be
relocated so the manhole does not cause problems for pedestrian travel or the accessible route of
the hardware store.
Traffic Î A traffic impact study for this project has not been required. It is understood traffic
generation of the proposed use will contribute to the existing congestion at the adjacent
intersection and on the two county highways. Providing congestion relief, while maintaining
good commercial access, will require increased capacity of the two county highways. Such
improvements include improved interstate access (eastbound C-D road) and coordinated signals
along the CSAH 19 corridor.
SAC and WAC Î Sewer and water access fees are determined at the time of building permit and
are based on the final seating/floor plan. However, the credits associated with existing use (two-
bay roll wash) will be applied and it is unlikely any SAC and WAC will be owed.
Albertville City Hall 5959 Main Avenue NE, PO Box 9 Albertville, MN 55301 (763) 497-3384
29
EXHIBIT L
Plan Review Memo Î Taco Bell
6/08/16
Page 2 of 2
Overhead Electric Î It is recommended the Applicant work with electric utility (Xcel) to
potentially relocate the existing overhead electric. The current location of the wires cut over the
drivethru lane and are relatively close to the southwest corner of the building.
Hardware Store/Construction Separation Î It is assumed provisions will be in place to safely
separate store patrons and traffic from construction activity. Excavations, equipment, materials,
and construction activity will need to be properly confined to protect store customers.
Based on the review of the plans, it is recommended the civil plans be approved subject to
the following conditions:
1.The Applicant shall secure all necessary construction permits required for the improvements
and shall provide the City with a copy of the permits prior to the start of construction.
Known permits include Mn Department of Labor and Industry. Applicant shall update
General Note #8 on sheet C1.0 to reflect the correct permit authorities.
2.Record drawings of all site improvements, as described by the CityÓs As-Built Checklist,
shall be submitted prior to issuance of CO.
3.Separation of domestic water and fire suppression supply lines inside the building shall be
such that each can be isolated for maintenance/repair. Alternatively, separate services can be
run into the building.
4.Water supply and fire flow shall meet the requirements of MSFC - Architect/ME to verify.
5.Applicant shall verify existing sewer and water services are adequate for proposed use.
6.All utility improvements shall be constructed in accordance with the latest edition of
CEAMÓs Standard Utility Specifications and Albertville City Standards, including:
All watermain fittings shall be epoxy coated and all fittings and valves shall be
secured utilizing COR-BLUE T-BOLTS as manufactured by NSS Industries or
approved equal, with the use of sacrificial zinc anode caps.
Watermain pipe shall be PVC C900 and installed with 8-gauge solid coated
copper tracer wire
7.Cross easements shall be established for parking, as well as, ingress and egress between DJÓs
Ace Hardware and Taco Bell, prior to the sale of either parcel.
8.The sidewalk connection to the intersection shall be removed, as legal crosswalks do not
exist at the northeast quadrant of the intersection. It is recommended, as a condition of
approval, the applicant agree to construct the sidewalk connection once crosswalks are
constructed.
Please let me know if you have any questions.
Albertville City Hall 5959 Main Avenue NE, PO Box 9 Albertville, MN 55301 (763) 497-3384
30
EXHIBIT L
MEMORANDUM
TO:Adam Nafstad
FROM:Alan Brixius / Ryan Grittman
DATE:June 9, 2016
RE:City of Albertville -Zoning Ordinance Amendment,Section 100.10 Fees,
Charges and Expenses
FILE NO:163.05 –16.12
BACKGROUND
Currently,the City of Albertville processes all applications, zoning and other, without
consideration of delinquencies on the property. Ultimately, any additional fees incurred
beyond the base application fee and escrowarethe property owner’s responsibilityand
will be assessed if unpaid.
Other cities have added a stipulation for the property owner to be current on taxes before
they can apply for an application. An example ordinance maybe:
“Prior to approving an application for an amendment, the applicant shall provide
certification to the City that there are no delinquent property taxes, special
assessments, interest or utility fees due upon the parcel of land towhich the
application relates.”
Upon review of this issue with the City Council,staff has been directed to prepare an
ordinance that would require applicants be current ontaxes and fees for the properties
seeking a developmentapplication.
KEY ISSUES
If property owners are not paying outstanding taxes and fees already on the
property, it would be difficult to collect any costs that may be incurred beyond the
application and escrow fees collected, even if they are assessed to the property.
31
If the Zoning Ordinanceis amended to include this requirement, it would eliminate
the situation where staff and consultant time is spenton anapplication that would
ultimately be uncollectable.
Such an amendment would require the applicant to provide proof they are current
on all taxes and fees associated or levied against the property before any staff or
consultant time is utilized on an application.
Attached to this memo is a draft ordinance. The draft ordinance includes language that
prohibits an applicant, property owner, or tenant from consideration of a new application
when they have an outstanding debt to the City. The ordinanceamendmentis intended
to encourage timely and prompt payments of all fees, taxes, etc. that are billed by the
City.
CONCLUSION
City policy is that development pay for itself and not be burdensome on the general City
operations. In this regard, theCity passes through costs (i.e.administration, planning,
engineering and legal)to the prospectivedevelopment application. The ordinance update
provides an opportunity by the City to ensure that properties requesting additional
services and approvals are not delinquent in their taxes or outstanding fees.
c:Kim Olson
Meaghan Becker
Mike Couri
Paul Heins
32
CITY OF ALBERTVILLE
COUNTY OF WRIGHT
STATE OF MINNESOTA
ORDINANCE NO. 2016–___
AN ORDINANCEAMENDING CHAPTER 100.10FEES, CHARGES, AND EXPENSES
OF THE ALBERTVILLE MUNICIPAL CITY CODE RELATING TO FEE
ACCEPTANCE
THE CITY COUNCIL OF THE CITY OF ALBERTVILLE, MINNESOTA ORDAINS:
Section 1.
Chapter 100.10of the Albertville City Code is hereby amended as follows:
D.The City will not accept any application from an applicant, property owner, or occupantfor
a development, permit or license on a parcel of landthat has outstanding fees, taxes,
assessments, unpaid penalties, or unpaid licenseswithin the City.The applicant, property
owner or occupant shall provide certification to the City that there are no delinquent
property taxes, special assessments, interest, fees or penalities due upon the parcel of land
to which the application relates to constitute a complete application to allow it to proceed
through the City review process.
THIS AMENDMENT SHALLBE IN FULL FORCE ANDEFFECTIVE IMMEDIATELY
FOLLOWING ITS PASSAGE AND PUBLICATION.
Approved by the Albertville City Council this ________day of June2016.
Jillian Hendrickson, Mayor
Kimberly A. Olson, City Clerk
33